Michelle Parsons v Isle of Wight NHS Trust

Michelle Parsons v Isle of Wight NHS Trust

The court found that the claimant was not provided with sufficient information about alternative POPR options and did not give informed consent to unconscious epidural attempts. The failure to obtain informed consent rendered the subsequent unconscious epidural attempts unlawful and causative of the claimant's...

Source-derived case information.

Parties
Claimant: Michelle Parsons; Defendant: Isle of Wight NHS Trust
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Clinical Negligence / Judgment on Liability
Outcome
Judgment for the claimant
Legal Topics
Informed Consent, Clinical Negligence, Medical Battery, Standard of Care, Causation
Medical Law Tort Law Informed Consent Clinical Negligence Medical Battery Standard of Care Causation

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Parties

Michelle Parsons

Claimant

Isle of Wight NHS Trust

Defendant

Procedural Posture

Clinical Negligence / Judgment on Liability

Legal Issues

  1. 1 Whether the claimant gave informed consent to unconscious epidural anaesthetic attempts after failed waking attempts
  2. 2 Whether the number of epidural attempts constituted negligent treatment

Ratio Decidendi

The court found that the claimant was not provided with sufficient information about alternative POPR options and did not give informed consent to unconscious epidural attempts. The failure to obtain informed consent rendered the subsequent unconscious epidural attempts unlawful and causative of the claimant's spinal cord injury. The number of epidural attempts, while at the outer limit of reasonable practice, did not amount to negligence under the Bolam test. Judgment was entered for the claimant on the basis of lack of informed consent.

Court Disposition

Judgment for the claimant

Orders

  • Agreed damages of £1,300,000 to be paid to the claimant
  • Consequential matters to be agreed between the parties